SHIPOWNERS’ LIABILITIES.

Globe, Volume XX, Issue 1523, 4 January 1879, Page 3

SHIPOWNERS’ LIABILITIES.

Since the first shock of the recent calamity on tho Thames has passed away a good deal of attention (says tho “ Solicitors’ Journal ”) has naturally been directed to tho provisions of the Merchant Shipping Acts relating to the limitation of the liability of the shipowners forjdamages for loss of life or personal injury. The general scope of these provisions will be known to our readers; but it may be worth while to draw attention to the course adopted by tho Chancery division of the High Court in exercising its useful jurisdiction, under section 514 of tho Merchant Shipping Act, 1854, of entertaining proceedings of the suit of a shipowner against whom numerous claims for damages are made or apprehended, for the purpose of determining the amount of his liability, and distributing the amount recoverable from him among the several claimants. According to section 54 of tho Merchant Shipping Act, 1862, tho damages recoverable in respect of loss of life or personal injury, “ either alone or together, with loss or damage to ship, bouts, goods,” &c., aro limited (where tho owner is not actually in fault) to an aggregate amount not exceeding £ls for each ton of the ship’s tonnage. The course adopted in the Chancery chambers in an action under section 514 of tho Act of 184! was clearly laid down by the late Master of the Rolls in Glaholm v Barker (14 W.R. 1006 ) Tho total amount for which tho owner is liable is first taken at £ls per registered ton of tho ship. Then tho course is to ascertain the damage suffered by each person as if there was no limit to tho owner’s liability, and when this damage has been so ascertained tho sum for which tho shipowner is liable is applied in payment of tho damages j if the amount of damage is equal to, or less than, tho amount of liability, all the claimants aro paid in full, the balance in tho latter case being paid to the shipowner; but it' the aggregate amount of damage is greater than tho sum for which the shipowner is liable, the amount for which he is liable is paid rateably among tho claimants in proportion to the amount of their damages. Interest will bo added to the amount for which the shipowner is liable, and it seems that he will aho be liable beyond the statutory limit for tho cost of assessing the damages. Lord Sclborne stated, in a case of this kind heard in 1872, that tho experience gained in Glaholm v Barker hud shown that ail the claims in actions of this description d ight be 'settled in Chambers without incurring much cxptmo,